18 Guam Code Ann. § 7113
Terms Used In 18 Guam Code Ann. § 7113
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Service of process: The service of writs or summonses to the appropriate party.
(b) A foreign corporation may be served by registered or certified mail, return receipt requested, addressed to the secretary of the foreign corporation at its principal office shown in its application for a certificate of authority or the correspondence address indicated in its most recent annual report if the foreign corporation:
(1) has no registered agent, or its registered agent cannot with reasonable diligence be served;
(2) has withdrawn from transacting business on Guam under § 7114 of this Title; or
(3) has had its certificate of authority revoked under § 7116 of this
Title.
(c) Service is perfected under Subsection (b) of this Section at the earliest of:
(1) the date the foreign corporation receives the mail;
(2) the date shown on the return receipt, if signed on behalf of the foreign corporation; or
(3) five (5) days after its deposit in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed.
COL070307
18 Guam Code Ann. BUSINESS STRUCTURES & FUNCTION
CH. 7 FOREIGN CORPORATIONS
(d) In addition to Subsection (b), whenever a foreign corporation authorized to transact business on Guam shall fail to appoint or maintain a registered agent on Guam, or whenever any such registered agent cannot with reasonable diligence be found at the registered office, or whenever the certificate of authority of a foreign corporation shall be suspended or revoked, then the Director of Revenue and Taxation may be an agent of such corporation upon whom any such process notice, or demand may be served. The fee for service of process shall be Forty Dollars ($40.00).
(e) Every foreign corporation which transacts business on Guam without having been authorized to transact business on Guam thereby submits itself to the jurisdiction of the courts of Guam, and also thereby designates the Director of Revenue and Taxation as its agent upon whom any process, notice or demand upon it may be served in any action or proceeding arising out of or in connection with the transaction of business on Guam. The fee for service of process shall be Forty Dollars ($40.00).
(f) This Section does not prescribe the only means, or necessarily the required means, of serving a foreign corporation.
SOURCE: Subsections (d) and (e) amended by P.L. 29-002:V:I:59 (May 18, 2007).